DID YOU GET STOPPED AT A DUI SUPER BOWL CHECKPOINT?
Dec. 12, 2014
DID YOU KNOW THAT YOU CAN BE ARRESTED FOR A DUI WHEN YOU ARE NOT DRUNK? The TERM DRUNK DRIVING IS OFTEN MISTAKENLY USED INTERCHANGEABLY WITH DUI BY THE PUBLIC. The Terms DUI and Drunk Driving refer to the same offense. But I bet you not know there are different stages of drinking?
THE LOWEST LEVEL IS "HAD BEEN DRINKING" (HBD). After A LITTLE MORE ALCOHOL THE DRIVER COULD BE DRUNK, UNDER THE INFLUENCE / IMPAIRED / PLASTERED, FACED and DEUCED.
The Term Deuced is used BECAUSE the DUI CHARGE HAS historically ENDED WITH A Vehicle Code (VC) section ending in a 2.....initially it was called a 502. Then it was changed to a 23102, AND NOW the charge is 2 counts i.e. 23152 a & b, of the VC.
WITH ENOUGH ALCOHOL ONE BECOMES "DRUNK / UNDER THE INCLUENCE / IMPAIRED / PLASTERED, FACED (AS IN SHIT FACED) AND DEUCED" but you do not need to have reached that stage to be arrested and convicted of DUI. THE CORRECT TITLE for a DUI is NOT DRUNK DRIVING as YOU DO NOT HAVE TO BE DRUNK. YOU MERELY HAVE TO BE UNDER THE INFLUENCE OR IMPAIRED. The DA's experts will testify Under the Influence takes place when the BA level is .08 or higher.
The DA wants to be sure of a conviction and not have the jury dismiss the DUI because the jury determined the driver was not drunk.
Thus the DA now files not only a DUI count but also a 2nd count of Driving with a blood alcohol level of .08 or higher. That way the likelihood of a conviction of one count is increased dramatically. The jury thinks they are doing the driver a good deed by splitting the baby and finding the defendant guilty of only one count. The same sentence applies for a plea or conviction of 1 or 2 counts.
Thus there are at least two counts filed on almost every DUI arrest; if the reading is .15 or higher that kicks in an enhancement filing by the DA and a more severe sentence by the court. The DMV however requires .20 to increase the penalty.
Sooo... I hope you DID NOT get Behind the Wheel after Sunday's Super Bowl and meet Riverside County's finest.
If you have ideas for a future columns please contact me at 760-565-0533.
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